2 Amendments of Patrick GAUBERT related to 2007/0248(COD)

Proposal for a directive – amending act
Recital 30 a (new)

(30a) When implementing measures transposing Directive 2002/58/EC, the authorities and courts of the Member States must not only interpret their national law in a manner consistent with the directive but also make sure that they do not rely on an interpretation of the directive which would be in conflict with other fundamental rights or general principles of Community law, such as the principle of proportionality.

2008/06/10
Committee: LIBE

Patrick GAUBERT

Proposal for a directive – amending act
Article 2 - point -7 d (new)

Directive 2002/58/EC
Article 15 - paragraph 1

(-7d) In Article 15, paragraph 1 is replaced by the following: 1. Member States may adopt legislative measures to restrict the scope of the rights and obligations provided for in Article 5, Article 6, Article 8(1), (2), (3) and (4), and Article 9 of this Directive when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society to safeguard national security (i.e. State security), defence, public security, and the prevention, investigation, detection and prosecution of criminal offences or of unauthorised use of the electronic communication system, as well as the protection of the rights and freedoms of others, as referred to in Article 13(1) of Directive 95/46/EC. To this end, Member States may, inter alia, adopt legislative measures providing for the retention of data for a limited period justified on the grounds laid down in this paragraph. All the measures referred to in this paragraph shall be in accordance with the general principles of Community law, including those referred to in Article 6(1) and (2) of the Treaty on European Union.

2008/06/10
Committee: LIBE

2 Amendments of Patrick GAUBERT related to 2007/0248(COD)

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